FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CIVIC TRUST - AND - TWO WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Enhanced Redundancy.
WORKER I
BACKGROUND:
2. In May 2012 a decision was taken by FAS to withdraw funding from the LTI heritage and Folklore Archives Training Project which had operated under the auspices of Limerick Civic Trust.On 18th May 2012 the Claimant who has 17 years of experience with the Employer was made redundant from his position as a Training Supervisor/Co-ordinator. The Union is seeking an enhanced redundancy package in line with previous terms offered to staff employed by the Community and Voluntary Sector.
On the 12th November 2012 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th April, 2013.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. There have been a number of similar claims before the Labour Court in recent times and in these cases the Court had recommended that an ex-gratia redundancy payment be made to those affected.
2. The Union can see no reasonable reason why the Claimant should be treated any differently.
EMPLOYER'S ARGUMENTS:
4. 1. Given that funding was withdrawn by FAS, a Government Agency, there is no provision for the Trust to fund an ex-gratia redundancy payment.
2. The Trust has sympathy for the Claimant but due to its lack of funding it can only offer the Claimant his statutory entitlement.
RECOMMENDATION:
The issue before the Court is a claim for enhanced redundancy payments for the Claimant who was made redundant in May 2012. The Claimant was employed by the Trust as Co-ordinator of a Folklore and Architectural Heritage Local Training Initiative. Due to the discontinuation of the Scheme by its sole funder, FÁS, Management had no alternative but to make the Claimant redundant. Management stated to the Court that it had no funds to pay an ex-gratia redundancy payment.
Having considered the oral and written submissions of both parties, the Court recommends that an ex-gratia payment of three weeks' pay per year of service over and above the statutory redundancy payment already paid, should now be paid to the Claimant. The Court notes that due to the financial circumstances of the organisation it does not have the funds to pay this amount out of its own resources and therefore the Court recommends that the parties should jointly cooperate in seeking the necessary funds from the funding agency to discharge the amount recommended.
The Court so recommends.
WORKER II.
BACKGROUND
In May 2012 a decision was taken by FAS to withdraw funding from the LTI heritage and Folklore Archives Training Project which had operated under the auspices of Limerick Civic Trust. In May 2012 the Claimant was made redundant from her position as an Assistant Supervisor. The Union is seeking an enhanced redundancy package in line with previous terms offered to staff employed by the Community andVoluntary Sector.
On the 12th November 2012 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th April, 2013.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. There have been a number of similar claims before the Labour Court in recent times and in these cases the Court had recommended that an ex-gratia redundancy payment be made to those affected.
2. The Union can see no reasonable reason why the Claimant should be treated any differently.
EMPLOYER'S ARGUMENTS:
4. 1. Given that funding was withdrawn by FAS, a Government Agency, there is no provision for the Trust to fund an ex-gratia redundancy payment.
2. The Trust has sympathy for the Claimant but due to its lack of funding it can only offer the Claimant his statutory entitlement.
RECOMMENDATION
The issue before the Court is a claim for enhanced redundancy payments for the Claimant who was made redundant in May 2012. The Claimant was employed by the Trust as Assistant Supervisor of a Folklore and Architectural Heritage Local Training Initiative. Due to the discontinuation of the Scheme by its sole funder, FÁS, Management had no alternative but to make the Claimant redundant. Management stated to the Court that it had no funds to pay an ex-gratia redundancy payment.
Having considered the oral and written submissions of both parties, the Court recommends that an ex-gratia payment of three weeks' pay per year of service over and above the statutory redundancy payment already paid, should now be paid to the Claimant. The Court notes that due to the financial circumstances of the organisation it does not have the funds to pay this amount out of its own resources and therefore the Court recommends that the parties should jointly cooperate in seeking the necessary funds from the funding agency to discharge the amount recommended.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th May, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.